BILL NUMBER: AB 1548	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 5, 2007
	AMENDED IN SENATE  AUGUST 28, 2007
	AMENDED IN SENATE  AUGUST 1, 2007
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Solorio
   (Coauthors: Assembly Members Beall, DeVore, Salas, and Wolk)

                        FEBRUARY 23, 2007

   An act to add Section 66406.7 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1548, Solorio. Public postsecondary education: College Textbook
Transparency Act.
   (1) The Donahoe Higher Education Act authorizes the activities of
the 4 segments of the postsecondary education system in the state.
These segments include the 3 public postsecondary segments: the
University of California, which is administered by the Regents of the
University of California, the California State University, which is
administered by the Trustees of the California State University, and
the California Community Colleges, which is administered by the Board
of Governors of the California Community Colleges. Private and
independent postsecondary educational institutions constitute the
other segment.
   Provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act, by
resolution, to make them applicable.
   Existing law urges textbook publishers to take specified actions
aimed at reducing the amounts that students currently pay for
textbooks. Existing law requires the Trustees of the California State
University and the Board of Governors of the California Community
Colleges, and requests the Regents of the University of California,
among other things, to work with the academic senates of each
respective segment to encourage faculty to give consideration to the
least costly practices in assigning textbooks, to encourage faculty
to disclose to students how new editions of textbooks are different
from previous editions and the cost to students for textbooks
selected, to review procedures for faculty to inform college and
university bookstores of textbook selections, and to encourage
faculty to work closely with publishers and college and university
bookstores in creating bundles and packages that are economically
sound and deliver cost savings to students.
   Existing law expresses the intent of the Legislature to encourage
private colleges and universities to work with their respective
academic senates, and to encourage faculty to consider practices in
selecting textbooks that will result in the lowest costs to students.

   This bill would add the College Textbook Transparency Act to the
Donahoe Higher Education Act.
   This bill would require the publisher, as defined, of a textbook
to print certain information on the outer cover of, or within, a
textbook, as defined, on or after January 1, 2010.
   This bill would require, beginning January 1, 2010, a publisher,
or agent or employee of a publisher, of textbooks intended for use at
a postsecondary educational institution to respond to a request from
an adopter, as defined, for specified information.
   This bill would require a public postsecondary educational
institution to encourage adopters, with course material selection
responsibilities to place their orders with sufficient lead time,
whenever possible, to enable the university-managed bookstore or
contract-managed bookstore to confirm the availability of the
requested materials. The bill, except as specified, would prohibit an
adopter at an institution of higher education from demanding or
receiving anything of value, including the donation of equipment or
goods, any payment, loan, advance, or deposit of money, present or
promised, for adopting specific course materials required for
coursework or instruction.
   This bill would prohibit a publisher or campus bookstore from
soliciting faculty for the purpose of the sale of instructor copies
or complimentary teacher editions of textbooks that have been
provided by a publisher at no charge to a faculty member or other
employee.
   Pursuant to existing law, the bill would apply to the University
of California only to the extent that the regents act, by resolution,
to make these provisions applicable. Because the bill would impose
new duties on community college districts, the bill would constitute
a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66406.7 is added to the Education Code, to
read:
   66406.7.  (a) This section shall be known and may be cited as the
College Textbook Transparency Act.
   (b) As used in this section, the following terms have the
following meanings:
   (1) "Adopter" means any faculty member or academic department or
other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be used
in connection with the accredited courses taught at that institution.

   (2) "Complimentary copies" or "review course materials" only
includes books that in all appearances are the same as the regular
student edition of the textbook, and contain no material other than
that found in the regular student edition of the textbook.
   (3) "Instructor copies" or "complimentary teacher editions" means
books with information that is meant to be for the exclusive use of
teachers and not for students. These books contain answers and
solutions, test questions, and pedagogical techniques, and are often
labeled instructor's edition or instructor's manuals.
   (4) "New edition of textbook" means a subsequent version of an
earlier standard textbook. A standard textbook is the primary, full,
and unabridged edition of a textbook. An abridged, alternate format,
or alternate version of a standard textbook shall not be considered a
new edition.
   (5) "Publisher" means any publishing house, publishing firm, or
publishing company that publishes textbooks or other course
materials, specifically designed for postsecondary instruction.
   (6) "Textbook" means a book that contains printed material and is
intended for use as a source of study material for a class or group
of students, a copy of which is expected to be available for the use
of each of the students in that class or group. "Textbook" does not
include a novel.
   (7) "Unsolicited complimentary copies" means all items described
in paragraph (2) and that were not requested by faculty but are sent
by the publisher unsolicited by a faculty or staff member.
   (c) (1) Adopters are encouraged to consider cost in the adoption
of textbooks.
   (2) Publishers shall facilitate the work done by adopters by
providing transparency in the adoption process and shall be
responsive in a timely manner to requests for information on textbook
cost and content, and the full range of options.
   (d) (1) On or after January 1, 2010, the publisher of a textbook
shall print on the outer cover of, or within, the standard textbook,
both of the following items:
   (A)  For any new editions of textbooks initially published on or
after January 1, 2010, a summary of the substantive content
differences between the new edition and the prior edition.
   (B) The copyright date of the previous edition of the textbook.
   (2) For instructor copies or complimentary teacher editions, it
shall be noted on the exterior of the book that the book is an
instructor's copy and is not for resale.
   (e) (1) A publisher, or agent or employee of a publisher, of
textbooks intended for use at a postsecondary educational institution
shall respond to a request from an adopter for any of the following:

   (A) A list of the products offered for sale by that publisher that
are relevant to the needs and interests of adopters.
   (B) The price at which the new book is available from the
publisher.
   (C) The copyright date of any prior edition of a textbook, if
available.
   (D) A list of the substantial content differences or changes made
between the current edition initially published on or after January
1, 2010, and the previous edition of the textbook, including, but not
necessarily limited to, new chapters, additional eras of time, new
themes, or new subject matter.
   (2) The information described in this subdivision shall be
available in print or electronically to the adopter.
   (f) Each campus bookstore at any public postsecondary educational
institution shall post in its store or on its Internet Web site a
disclosure of its retail pricing policy on new and used textbooks.
   (g) Each public postsecondary educational institution shall
encourage adopters with course material selection responsibilities to
place their orders with sufficient lead time, whenever possible, to
enable the university-managed bookstore or contract-managed bookstore
to confirm the availability of the requested materials.
   (h) This section does not limit the authority of faculty over
decisions relating to the selection of textbooks.
   (i)  An adopter at an institution of higher education shall not
demand or receive anything of value, including the donation of
equipment or goods, any payment, loan, advance, or deposit of money,
present or promised, for adopting specific course materials required
for coursework or instruction, except that an employee may receive
any of the following:
   (1) Complimentary copies, review course materials, or instructor
copies. The adopters shall not sell instructor copies.
   (2) Royalties or other compensation from sales of course materials
that include the instructor's writing or other work. Receipt of
these royalties or compensation is subject to the employer's standing
policies or collective bargaining agreements relating to employee
conflicts of interest.
   (3) Honoraria for academic peer review of course materials.
Receipt of honoraria is subject to the employer's standing policies
relating to employee conflicts of interest.
   (4) Training in the use of course materials and course
technologies. Payment for travel and lodging and or meals shall be
subject to the employer's standing polices relating to employee
conflicts of interest and compensation.
   (j) A publisher or campus bookstore shall not solicit faculty for
the purpose of the sale of instructor copies or complimentary
teachers editions of textbooks that have been provided by a publisher
at no charge to a faculty member or other employee. This subdivision
does not apply to unsolicited complimentary copies.
   (k) A campus bookstore shall not engage in any trade of any course
material marked, or otherwise identified, as instructor copies or
complementary teachers editions of textbooks.
   (l) Any self-published textbook by an instructor for use with that
instructor's class shall be exempt from this section, if the
instructor discloses the publishing and use of those materials to his
or her employer institution.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.